article thumbnail

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

While common law trademark rights can and often do support federal infringement claims, an infringement plaintiff must show ownership of a valid mark as a threshold requirement for the cause of action. It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

article thumbnail

IPSC Breakout Session #2: mostly copyright and then marijuana innovation

43(B)log

The majority says that limiting doctrines account for Kagan’s examples—which involved use of expression—as well as the dissent’s own copying and the Court’s too. Bob Brauneis: the preamble says “such as,” and it doesn’t have a unifying principle—teaching, including multiple copies for classroom use, is very different from many of the others.